Lasting Power of Attorney Goes Digital: What the New Reforms Mean for You
New reforms to the power of attorney system aim to protect vulnerable people, cut processing times and introduce vital fraud safeguards. But will they go far enough?
In a landmark step forward, the Powers of Attorney Act 2023 has officially received Royal Assent, paving the way for the modernisation of the Lasting Power of Attorney (LPA) process in England and Wales.
For years, families, solicitors and vulnerable individuals have had to navigate a clunky, paper-based system when creating LPAs—legal documents that grant trusted individuals (attorneys) the authority to make decisions about finances or health if the donor loses mental capacity.
Now, with the introduction of digitalisation and updated fraud checks, the government promises a simpler, faster and more secure system. But with over 6 million LPAs already registered, and rising concerns over abuse, this reform brings both opportunity—and renewed responsibility.
At Parachute Law, we support clients through every step of the LPA process. In this article, we’ll explain what’s changing, why it matters, and how to protect yourself or your loved ones under the new system.
What Is the Powers of Attorney Act 2023?
The Powers of Attorney Act is a new piece of legislation designed to:
- Introduce a digital application system for LPAs
- Improve fraud prevention through identity verification
- Streamline the process, making it quicker and more user-friendly
- Maintain and improve access for people who cannot use digital services
The changes are being led by the Office of the Public Guardian (OPG)—the body responsible for registering LPAs and overseeing the conduct of attorneys.
Until now, most LPA applications involved printing out forms, obtaining physical signatures from all parties (donor, attorneys, witnesses, certificate provider), and posting documents back and forth. Every year, the OPG reportedly handles 19 million pieces of paper, often leading to errors, rejections and months-long processing delays.
The Act gives the OPG the legal foundation to bring this outdated system online for the first time.
Why This Reform Matters
1. Faster Processing Times
At present, registering an LPA can take up to 16 weeks, even for error-free applications. Mistakes—such as signing in the wrong order, using incorrect names, or having an ineligible witness—can cause costly delays.
The new digital system aims to:
- Flag errors immediately during the online process
- Allow real-time corrections, rather than waiting for rejected forms to be posted back
- Reduce reliance on postal services, which have been a source of bottlenecks since the pandemic
According to the Ministry of Justice, the OPG is already registering 19,000 more LPAs per month compared to pre-COVID levels.
2. Enhanced Safeguards Against Fraud and Abuse
One of the Act’s key features is the introduction of mandatory identity verification checks for applicants and attorneys—something that was previously not required.
This change is expected to:
- Make it harder for rogue individuals to be appointed without scrutiny
- Prevent forged signatures or fraudulent submissions
- Increase accountability for professional attorneys
Given the recent media investigations into attorney abuse—including cases where vulnerable individuals were isolated, stripped of assets, and denied access to their bank accounts—this added protection is a welcome development.
3. Accessibility for All
Crucially, the Act ensures that digital transformation won’t leave people behind.
The OPG has committed to:
- Maintaining a paper-based alternative for those who cannot go online
- Creating a hybrid process where digital and paper applications can co-exist
- Providing support and guidance to those with limited digital skills or capacity
This means that older adults, individuals with disabilities, or people without internet access will still be able to make LPAs—with no loss of legal validity or protection.
What Is the “Use an LPA” Service?
The Use an LPA online system was launched in 2020 as a limited digital solution. It allows banks, healthcare providers and other authorised organisations to securely check whether an LPA has been registered—without waiting for a paper copy.
However, it only applies to LPAs registered after 1 January 2016, and only allows access to existing data—not the creation of new LPAs.
The Powers of Attorney Act 2023 builds on this service by enabling fully digital LPA creation and registration.
What Will the New Digital LPA Process Look Like?
Although full rollout timelines have not yet been announced, the OPG has confirmed the new system is in development and will undergo extensive testing.
Based on early guidance, the expected process will include:
- Online Forms – Donors, attorneys and certificate providers will complete LPA documents through a secure web platform.
- Digital Signatures – Each party will electronically sign the form in the correct order, with prompts to ensure compliance.
- ID Verification – The system will carry out identity checks, likely using government ID or bank-linked verification tools.
- Instant Error Flags – Missing fields, incorrect dates, or improper signing order will be highlighted immediately.
- Submission and Tracking – Applications will be submitted online, with real-time tracking of registration status.
This system promises to significantly reduce processing times, avoid repeat fees due to rejected applications, and improve user experience.
Concerns and Caveats
While the reforms are widely welcomed, some legal professionals—including our team at Parachute Law—caution that technology alone cannot prevent abuse.
Key concerns include:
- Over-reliance on digital ID checks: These may miss nuanced red flags—such as coercion, undue influence, or capacity issues—that only in-person assessments can catch.
- Lack of proactive oversight: The OPG currently does not track attorneys with multiple clients or investigate suspicious patterns unless a formal complaint is made.
- Continued abuse risks: Recent media reports have shown attorneys selling homes below market value, withdrawing large sums of money, and isolating vulnerable clients—all while LPAs were legally registered and active.
As one leading Court of Protection judge, Denzil Lush, has previously warned: “The lack of scrutiny when LPAs are being used is a ticking time bomb.”
What You Should Do Now
Whether you’re planning to make an LPA or already have one in place, these upcoming changes are a good reason to review your arrangements.
Here’s what we recommend:
Choose Attorneys Wisely
Your attorneys should be:
- People you trust completely
- Financially responsible
- Willing and able to act on your behalf
Avoid appointing professionals unless necessary, and never sign under pressure.
Don’t Wait to Set Up Your LPA
The digital system is still months away from launch. If you need an LPA urgently—for example, due to age, illness or upcoming surgery—you should not wait. LPAs can still be registered under the current system.
Use a Solicitor for Complex Cases
If you have:
- Property abroad
- A blended family
- Concerns about mental capacity
- A history of disputes among heirs
…then you should seek legal advice. An improperly completed LPA can create years of problems.
How Parachute Law Can Help
At Parachute Law, we offer fully remote LPA services across England and Wales. We can help you:
- Draft an LPA tailored to your needs
- Avoid the common errors that lead to rejection
- Register your LPA with the OPG
- Act quickly in urgent or sensitive circumstances
- Provide ongoing legal support for attorneys and families
Our solicitors will also be ready to guide clients through the new digital process when it launches—so you’re protected now and in the future.
Final Thoughts: A Step Forward, With Safeguards Still Needed
The Powers of Attorney Act 2023 is a major step forward for one of the most important legal tools in the UK.
By embracing digital efficiency and enforcing ID checks, it addresses key pain points in the existing system. But it’s also a reminder of the immense power attorneys hold—and the need for thoughtful planning and professional support when creating an LPA.
Whether you're acting for yourself, a parent, or a vulnerable loved one, the best safeguard remains good legal advice—from the very beginning.
Need Help with a Lasting Power of Attorney?
Call Parachute Law today on 0207 183 4547
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